logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.12.11 2014고정2488
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor having jurisdiction over the relevant place of business, while the relevant interest rate is stated in the bill of indictment 30/100 per annum as "25/100." However, according to the crime of violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users, which are applied on the date of the above loan,

shall not exceed any of the following subparagraphs:

Nevertheless, the Defendant did not register a credit business.

1. Around 09:00 on May 22, 2014, from D, operated by an obligor C, located in Daegu Northern-gu B Apartment Building No. 102, to KRW 1.5 million on a daily basis, leased KRW 3,300,000,000, such as prior interest, under the condition that he/she receives principal and interest for 65,000 won each day, and loaned KRW 1.176,00,000 on a yearly basis.

2. Around 17:00 on June 1, 2014, at the same place as the foregoing paragraph (1) above, one million won was leased to the debtor C, and 1,303% interest was paid per annum by lending KRW 2.5 million per week on condition that the debtor is paid the principal and interest.

3. At around 10:00 on June 23, 2014, at the same place as above paragraphs (1) and (2), “Agreement on the Conversion of Number of Days” was entered into with respect to the unredeemed amount of loans under paragraphs (1) and (2) of the said paragraphs to the debtor C, and the principal and interest was paid at an annual interest rate of 519% on the condition that 4,500,000 won was paid for 74 days each day on the condition that the principal and interest are paid every day for 45,000 won.

Accordingly, the defendant, without registering credit business, received interest exceeding 30/100 per annum from the debtor, and violated the statutory interest rate limitation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Copy of the current status of loans;

1. Copies of loan repayment;

1. Application of loan-related Acts and subordinate statutes, such as a loan certificate;

1. Criminal facts;

arrow